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I'm an owner of my home in a COA. My COA sealed around some common pipes, but the secondhand smoke still seeps into my home and affecting my breathing. The COA can't tell me why this is happing and my neighbor's efforts has not stop the issue and has grown worse in the last five... View More 
answered on Aug 18, 2020
Seeping of toxic vapors onto one property from another is Nuisance, and your best choice of counsel might be a lawyer who does real estate litigation. If there are resulting health concerns and medical bills, a personal injury lawyer might consider the case, but the financing model for such lawyers... View More
There are issues with the house and I really can't afford to fix house, renter is giving me hard time and I prefer to sell house as is and just move on but tenant is stating she will not leave until lease is up
answered on Aug 14, 2020
If the landlord and the tenant cannot reach a mutual agreement in writing to end the lease, then the lease remains in full force and effect until the end of the Lease Term.
On the bottom of each page on the lease states this contract is for use by ___. Use by any other party is illegal and voids the contract. So can the new landlord put an X where the pets section is without us both signing? Is this contract valid? Is my landlord in the wrong for threatening me about... View More
answered on Aug 11, 2020
Generally in Virginia, when there is an existing lease in place and the owner/landlord sells the premises to a buyer, the lease remains in place, the buyer assumes the rights and obligations under the existing lease, and the lease's terms remain unchanged between the new owner/landlord and the... View More
answered on Aug 11, 2020
We need more facts to answer. Was she the spouse at the time the house was acquired or was it premarital property? Since you refer to them as your mother and father, we might assume this was a traditional marriage, but that is far from certain. If they bought the house while married, And they were... View More
The lease states, “The lease may then be terminated by either party giving 30 days written notice prior to the end of the rental month.” If I give written notice on Aug 10, am I obligated to pay rent through Sept 30 or can I end my lease mid- September? This is in Virginia. The lease was... View More
answered on Aug 8, 2020
The general rule for '30-day notice' clauses is that they run to the end of the next rental period following the date notice is given. Thus, in your example notice given today (or Monday, August 10) would be effective September 30.
I closed on my house last week. 4 days after the purchase we had a rain storm and the roof leaked in multiple areas, one area seemed to have been ongoing. There were areas that were tarred but the area was deemed sound at the time of sale and only cosmetic (I believe the contractor that assessed... View More
answered on Aug 6, 2020
Is someone at fault? Yes, but mostly you for not having a lawyer advise you on the largest purchase of your life. Now, you will need a much more expensive review to determine who, if anyone, breached their duties to you. Sorry. It cannot be reviewed without the contracts, the advertisements, the... View More
answered on Jul 29, 2020
Possibly none. It depends on what the bylaws say, where the vehicle was parked, and if you're an owner, resident, or guest. Good luck.
I moved into a rental as a third party not on the lease, though I had the Landlord's permission. I have been residing and paying rent to my roommate for 7 months, and she paid the landlord. The lease was on an automatic renewal set to end July 31st and my roommate (who is on the lease) did not... View More
answered on Jul 28, 2020
It seems to me that there are a few different ways this could be interpreted.You could be regarded as merely a permitted occupant for the last seven months under the lease with your roommate, which creates no independent obligation on your part. It also provides no protections for you and you would... View More
the renewal section it states the following ; Tenant at the expiration of the lease term shall become a tenant monthly at the monthly rental as paid for the last month of the lease term to be paid aforesaid, and tenant shall be subject to all agreements and conditions herein contained , either... View More
answered on Jul 23, 2020
Your notice of termination is effective August 31, 2020 - from your quote of the lease language: notice is "to be effective on the last day of subsequent month.". Otherwise it appears your interpretation is correct that you were on a month to month for the past 3 years. Since the... View More
I understand that I have the right to trim it on my own, anything over my property, but I want to know if the risk of the tree damaging my house qualifies as right of nuisance so that I can request the HOA trim the tree.
answered on Jul 22, 2020
The answer depends on what your Declarations and Bylaws say and what the HOA is responsible for maintaining. You might just call and ask, but you otherwise need to review those documents.
I have a second home that a person wants to rent. It is not up to code and would not pass the laws under the Virginia Residential Landlord and Tenant Act. The person wanting to rent is a contractor and wants to make the repairs himself in lieu of rent. We would not charge any rent for an agreed... View More
answered on Jul 20, 2020
That depends on what they did. Violating the POA Act is unlikely to result in criminal liability on its own. You would want to read the Act in conjunction with the HOA's governing documents to determine what the board did and how to proceed. I recommend getting an attorney to help you... View More
I often can’t breathe easy, and my neighbor has made no lasting effort to curb the problem.
answered on Jul 20, 2020
You may want to proceed with a lawsuit against your neighbor or seek a permanent injunction against your neighbor.
My landlord wants to sell his home. I have not missed one month of any rental payments and financially and personally, i am not ready to move. My landlord no longer returns my calls, emails or text. Is there any rule that will allow me to stay here at least six more months, pay my monthly rental... View More
answered on Jul 18, 2020
It is possible that your lease has a provisions that allows either the landlord or the tenant to terminate the lease by giving the other party a written notice within the last 60 days of the lease term. You should review your lease to se what are the provisions on this subject.
The will leaves all real estate to the 2 daughters. Step mom is quite greedy and is trying to give up her life estate to force the sale to gain a portion of the proceeds....again, the property was not in her name and only in the dads
answered on Jul 18, 2020
If I'm understanding, that's an interesting strategy with an interesting resulting countermeasure. I am assuming that the property has a mortgage loan (hereinafter M) that the life tenant (L) is supposed to pay. L cannot sell without signature of daughters (D), but L is allowing the... View More
I have no clue of his will
He married her after he bought house but is trying to sell but cant because his children need to sign paperwork and I have no clue what this means I live in Fredericksburg va the house is in deptford nj
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answered on Jul 15, 2020
Not sure of your question. But it sounds like NJ Intestate Secession probably makes the Decedents' issue Heirs-At-Law along with the surviving spouse. And all Heirs are needed to convey.
answered on Jul 14, 2020
Generally speaking yes, but it also depends on the relationship of the ownership. There are other methods by which owners of real estate (those on deed) can sign to sell the house. Call a lawyer in your area to review the current deed and will explain.
answered on Jul 14, 2020
You are required to give your landlord (or the landlord's representative in this case) access to the property, immediately if it is an emergency, or with reasonable notice if it is not an emergency. It is also reasonable to require that the manager be wearing a mask and be physically distanced... View More
Lease is terminating at the end of month.
answered on Jul 6, 2020
I do not think there is any relevance of this non-payment to COVID-19, but I would suggest you see your lease agreement and what it says about leaving early and payment.
We've been out of our apt for a month now because the tenants above us caught a fire. The repairs have taken way longer than they were supposed to and now the landlord is asking for us to pay rent.
answered on Jun 26, 2020
The lease should control the answer to your questions. Generally, if the landlord has not delivered possession of the premises to the tenant, the rent is not due and payable from the tenant to the landlord. If another tenant caused you to be displaced from the premises because of a fire, the other... View More
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